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(영문) 광주지방법원목포지원 2015.09.22 2015가단3929
약정금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 23,313,851 and KRW 22,00,000 among them, from May 24, 2005.

Reasons

1. On March 17, 2005, the Plaintiff filed a lawsuit against the Defendants for the claim for the agreed amount amount under the 2004da17786, the Gwangju District Court rendered a judgment against the Defendants that “the Defendants jointly and severally pay to the Plaintiff the amount calculated at the rate of KRW 22,00,000 and KRW 20% per annum from December 10, 2004 to the date of full payment” (hereinafter “instant judgment”). The instant judgment was finalized on May 1, 2005, and the Plaintiff received only KRW 675,190 in the procedure of the compulsory auction of corporeal movables against Defendant C, which was in progress according to the instant judgment, and the Plaintiff again filed the instant lawsuit for the interruption of the extinctive prescription of the instant judgment.

2. Article 208 (3) 1 of the Civil Procedure Act:

3. Since the plaintiff was paid KRW 675,190 on May 23, 2005 during the compulsory auction procedure among the judgment bond of this case, the above repayment amount shall be deemed to be appropriated for the judgment bond of this case.

Therefore, the claim for the above KRW 675,190 is rejected, since the damages for delay calculated at the rate of 20% per annum from December 10, 2004 to May 23, 2005 for KRW 1,989,041 is the above KRW 675,190,00,000 for the repayment of the claim.

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